Judge Won't Toss Private's Suit Against XonDemand

LOS ANGELES — A federal judge today denied XonDemand's motion for summary judgment in a case brought on by Private Media Group.

Private contends in the suit filed in August that XonDemand streamed content for more than three years after a 50 percent revenue-sharing contract was terminated in 2007 between the two companies.

The Barcelona-based company said it discovered in May that XonDemand was "committing over 30 separate instances of copyright infringement and over 1,000 separate and distinct instances of trademark infringement" by continuing to rent Private videos by the minute or flat rate.

XonDemand, which is represented by attorney Clyde DeWitt, had been seeking to have the case thrown out. XonDemand contends it never received a termination letter, all the while paying commissions to Private, and that it removed content "immediately after someone at XonDemand learned of this lawsuit."

Spokesman Jason Tucker told XBIZ that Private is pleased with the judge's denial to dismiss the case. The case was filed at U.S. District Court in Los Angeles.

"We're not surprised by the outcome," Tucker said. "It's our hope that XonDemand will take the judge's notice that the company should settle the case."

DeWitt told XBIZ that the judge ruled only that the agreement did not foreclose claims for copyright and trademark infringement

"Whether the agreement limits the damages to a few hundred dollars remains an open question," he said.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Two Texas Bills Restricting Sex Toy Sales Fail to Pass

Two bills aimed at restricting sales of sex toys have failed to pass the Texas state legislature during its 2025 session.

NYC Adult Stores Petition for Rehearing in Zoning Law Case

A group of adult businesses on Tuesday petitioned the U.S. Court of Appeals for the 2nd Circuit to rehear a case involving a zoning law that could severely limit adult stores’ operations in New York City.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

Show More